General section
Contents
1. Pag 1 of 4 Electronic Banking Services Conditions ABN AMRO ABN AMRO Electronic Banking Conditions General section 1 Our obligations The Electronic Banking Conditions EBC apply to our Electronic Banking Services We will provide these Electronic Banking Services to you in accordance with the EBC 2 Your obligations When you use our Electronic Banking Services you declare and guarantee that a you have all the necessary authorisations powers and approvals to comply with your obligations under the EBC b you will be legally bound by the EBC and each Instruction you give to us and c in complying with the EBC or issuing an Instruction you are not breaching any law regulation guideline judgment contract or other document applying to you or to all or part of your assets or any provision of your statutes 2 2 You will check the transaction and other information provided by our Electronic Banking Services system as soon as possible and inform us immediately of any errors which you find We will not be liable for any Loss caused by your failure to inform us of an error or if you do inform us but we could not reasonably have been expected to prevent the Loss in the circumstances 2 3 You will comply with all procedures and other requirements laid down in the User Manual s for the Electronic Banking Services and will not make the contents of the manual s available to third parties 2 4 We will retain the intel2. ora specific Electronic Banking Product or service by giving 30 days written notice to the other party or a longer period specified in the notice Either party may terminate the EBC with immediate effect and without notice if it has reasonable grounds to believe that the other party is seriously or repeatedly acting in contravention of the EBC the other party is unable to pay or admits to being unable to pay its debts when they are due or in Chamber of Commerce number 34334259 c 14 3 15 15 1 15 2 15 8 15 4 16 16 1 case of voluntary or involuntary moratorium on payment bankruptcy liquidation reorganisation except reorganisation to improve its solvency administration or similar statutory regulations or it becomes aware of circumstances which are likely to result in one of the situations referred to under b This termination shall not be retrospective and all existing transactions rights and obligations shall remain in force We will refund a pro rata share of any prepaid costs and fees for the period after the termination unless we have terminated the EBC because you have seriously or repeatedly acted in contravention of the EBC Sections 3 7 8 and 13 shall remain in force after the EBC is terminated General provisions If any provision of the EBC is declared to be revoked voidable or unenforceable the other provisions of the EBC shall remain in full force If either party fails
3. VAT identification number NL820646660B01 June 2010 _ Pag 4 of 4 Electronic Banking Services Conditions ABN AMRO 16 2 17 17 1 172 network s or system s as described in the Annexes Confidential Information all information which you provide to us in relation to our Electronic Banking Services including information concerning any Account which is not generally available Customer Authentication a resource provided by us allowing you to identify yourself in relation to the Electronic Banking Services log in and send and or authorise messages to us including passwords PIN codes bank cards smart cards or combinations of these Electronic Banking Services the Electronic Banking Services listed in the Annexes and purchased by you Electronic Banking Services Agreement the document which you are required to complete and sign if you wish to use our Electronic Banking Services Electronic Signature electronic data attached to or logically associated with an Instruction or other electronic data used to verify the authenticity of that Instruction or data Instruction an Instruction that is verified using customer authentication and is sent to us via our Communication network and processed by the Electronic Services system Letter of Credit a Standby Letter of Credit or a Documentary Letter of Credit Loss damage compensation costs expenses loss liability or claim for damages Software any computer pro
4. to exercise any of its rights or recourses under these conditions immediately or at all this shall not constitute a waiver of that right or recourse These Electronic Banking Services may be provided by third parties including our associated companies agents or subcontractors You acknowledge that the EBC including those provisions which indemnify us from or limit our liability also apply to third party services In the event of a contradiction between the provisions of this general section of the EBC and the Annexes the provision as laid down in the Annexes shall prevail Definitions The definitions below have the following meanings ABN AMRO EBC and Electronic Banking Conditions the general part the specific conditions for Electronic Banking Services the security procedures for the specific Electronic Banking Services and the User Manual which we have provided to you as part of the EBC Account the account s held by you or third parties with ourselves or another bank and in relation to which we have agreed that you shall use our Electronic Banking Services Annexes those Annexes that from time to time are attached to these EBC listing our products and services and the relevant Communication Network Associated company i an associated company and ii a service provider which assists us in providing our customers with Electronic Banking Services on a contractual basis Communication Network the Communication
5. you are using the services for unauthorised purposes or security information has or might come into the hands of unauthorised parties or if any other security breach occurs in which case we will inform you as soon as reasonably possible that we have not carried out the Instruction You will ensure that the Instructions you give to us are correct and will follow all procedures of which we inform you by e mail post or in person If you wish to cancel an Instruction you have given us we will make every reasonable effort to comply but may not be held liable if we are unable to do so We may record your Instructions to ensure that we have a full overview of all those which we receive You will give your consent that we monitor the Electronic Banking Services in order to improve our quality of service Your communication and security obligations In addition to your obligations under other terms agreed with us you will in any case comply with the following security obligations You will take reasonable measures to prevent that for whatever reason an Instruction or other communication in your name is issued to us incorrectly and or without your consent resulting in Loss You will comply strictly with all our requirements with regard to users safety and procedures concerning communication and the use of communication networks Customer Authentication Systems User Manuals information media You will carefully and safely use
6. Communications networks and will use only suitable secure hardware and software including the latest security measures antivirus software and firewalls to prevent viruses spyware phishing and other abuse You will take appropriate security measures to VAT identification number NL820646660B01 June 2010 d a b c d a b Pag 2 of 4 Electronic Banking Services Conditions ABN AMRO prevent unauthorised use of tools such as Customer Authentication Systems as well as maintain the confidentiality of temporary and permanent passwords and codes of customer authentication systems prevent these from being used by unauthorised persons and not allow Customer Authentication Systems and any confidential data that constitute part thereof to be copied You will inform us as soon as you become aware that any Instruction or other communication in your name has been issued to us incorrectly or without your consent You will in any case notify us as soon as you are aware that unauthorised use may have been made of Customer Authentication Systems or if a password or code of a Customer Authentication System is known to or used by an unauthorised party or if a copy may have been made of a Customer Authentication System or confidential data that form part thereof or if any other security related incident occurs You will comply with any rules we give you in order to minimise the loss Moreover you will coo
7. grams which we provide to you for the purpose of using our Electronic Banking Services User your employee or a third party designated by you to use the Electronic Banking Services User Manual any manual s and the amended versions of these manuals issued from time to time which we provide to you electronically by post or in person containing information procedures and requirements relating to the Electronic Banking Services We ABN AMRO Bank NV and its legal successors our shall be defined accordingly You the customer who has accepted the EBC your is defined accordingly Terms used in the singular also include the plural and vice versa Applicable law The EBC are subject to Dutch law The Dutch courts shall have sole jurisdiction in any dispute in relation to the EBC and neither party shall oppose such jurisdiction at any time This article is exclusively for our benefit so that despite the reference to exclusive jurisdiction we may bring claims before any other competent court Chamber of Commerce number 34334259 VAT identification number NL820646660B01 June 2010
8. hamber of Commerce number 34334259 c 8 a b c 8 2 o 92 10 10 1 10 2 11 11 1 Provided we have complied with our security obligations you will be liable for any Losses if E in communicating unauthorised use has been made of Customer Authentication Systems provided to us by you or your User and or E we have reason to believe that the communication was sent to us incorrectly or without your consent Force majeure indirect and consequential loss We shall not be liable for any failure to carry out your Instructions or to provide the Electronic Banking Services due to reasons beyond our control including but not limited to the unavailability of any Communication network or other communication system including the internet or deformation of data the loss of data during transmission or incorrect communication of data for any reason whatsoever power cuts faults in hardware in data processing systems communications systems or transmission systems a defect in a payment system chosen by you or us or circumstances that do not enable us to provide Electronic Banking Services due to strikes or similar actions We shall not be liable for any indirect or consequential loss which you suffer except as a result of our deliberate actions or gross negligence Charges and taxes You will pay any charges and costs which we agree in writing from time to time and all taxes that apply to
9. lectual property rights to all of the Electronic Banking Services and you will on request provide all reasonable cooperation with us in asserting these rights 3 Use of the Electronic Banking Services You will indemnify us against any loss as a result of a your use of or failure to use these Electronic Banking Services including but not limited to breaches of the EBC our rights or relevant laws and failure to maintain the confidentiality of customer authentication codes b any third party claim as a result of or in connection with your use of or failure to use the Electronic Banking Services unless this loss is due to our deliberate actions or gross negligence 4 Instructions You are liable for all Instructions which you give us Chamber of Commerce number 34334259 a b c d e 4 2 4 3 4 4 a b c and for complying with any agreements made between us as a result We may refuse to carry out an Instruction and do anything else which we deem necessary in the circumstances including cancellation of your access rights and blocking your access to the Electronic Banking Services if we have reason to believe that the Instruction was not given by you the Instruction is not clear by carrying out the Instruction we would be breaching any laws regulations guidelines and or judgments which we believe to be applicable to us we might be in breach of any contractual obligations
10. perate to clarify the facts and report the incident at our request Our communication and security obligations The following are our security obligations to you We will make every reasonable effort to ensure that any Instruction or other communication issued to us in your name incorrectly and or without your consent are not carried out We will ensure that our communication networks meet reasonable standards of security given the purposes for which they are used We will ensure that our Customer Authentication Systems meet reasonable standards of security given the purposes for which they are used As soon as we are informed of a security breach as specified in article 5 d we will immediately take all reasonable measures to prevent further unauthorised use In carrying out our security obligations we assume that you will comply fully with your security obligations as specified in article 5 Distribution of risks with regard to communication Unless otherwise specified by mandatory law the liability for any losses resulting from an Instruction or other communication in your name which is issued to us incorrectly or without your consent will be as follows If we have failed to comply with any of our security obligations to you we will bear any Losses for which we are liable as a result If you have failed to comply with any of your security obligations to us you will bear any Losses for which you are liable as a result C
11. these In order to prevent misunderstandings this includes all taxes on goods and services including VAT and similar taxes relating to any amounts due under the EBC Unless otherwise agreed in writing we may enter any such amounts payable to your Accounts with us Changes to the ECB We may change or add to the ECB at any time and or temporarily or permanently discontinue specific Electronic Banking Services in which case we will attempt to give you at least 30 days prior notice unless this cannot reasonably be expected of us in the circumstances Such changes and additions will be binding to both you and us Changes as a result of changes in legislation and regulations may come into effect immediately Service of notice All notifications under the EBC may be served electronically by post or in person at the address VAT identification number NL820646660B01 June 2010 11 2 12 13 13 1 a b 13 2 a b c 13 3 14 14 1 14 2 a b Pag 3 of 4 Electronic Banking Services Conditions ABN AMRO you have provided to us If we serve a notification electronically this will be deemed to have been delivered as soon as we have made this notification accessible for you through the Communication Network In case of notification by letter or in person it will be deemed to have been delivered at the moment of actual receipt Assignment of rights and obligations Neither party ma
12. y assign its rights claims and or obligations under these EBC without the other party s prior written consent However we reserve the right to assign our rights or obligations to one or more of our Associated Companies without your consent and if necessary you will cooperate in such an assignment Confidentiality and use of information We will not disclose your Confidential Information to third parties without your consent unless we are required by legislation and regulations to do so or we are allowed by law to do so including but not limited to disclosures in relation to court proceedings In addition to the disclosure referred in Section 13 1 you give us your consent to disclose your Confidential Information to our Associated Companies including but not limited to those which carry out technical processing of data and are centralised our professional advisers or third parties insofar as these are directly involved necessary in providing Electronic Banking Services used by you Disclosing your Confidential Information to the parties specified in Section 13 2 may imply it is sent to countries which do not offer the same level of protection as the European Union We will make every reasonable effort to ensure that these parties to which we have disclosed your Confidential Information are aware that the information is confidential Termination Either party may at any time terminate the EBC
Download Pdf Manuals
Related Search